Florida Senate - 2021 SB 1852



By Senator Rouson





19-00844A-21 20211852__
1 A bill to be entitled
2 An act relating to public meetings; amending s.
3 394.4575, F.S.; providing an exemption from public
4 meeting requirements for portions of meetings of the
5 Mental Health and Substance Abuse Disorder Services
6 Commission at which exempt or confidential and exempt
7 information is discussed; providing a statement of
8 public necessity; providing a contingent effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Present subsection (9) of section 394.4575,
14 Florida Statutes, as created by SB ___, 2021 Regular Session, is
15 redesignated as subsection (10), and a new subsection (9) is
16 added to that section, to read:
17 394.4575 Mental Health and Substance Abuse Disorder
18 Services Commission.—
19 (9) Any portion of a meeting of the commission at which
20 exempt or confidential and exempt information is discussed is
21 exempt from s. 286.011 and s. 24(b), Art. I of the State
22 Constitution. This subsection is subject to the Open Government
23 Sunset Review Act in accordance with s. 119.15 and shall stand
24 repealed on October 2, 2026, unless reviewed and saved from
25 repeal through reenactment by the Legislature.
26 Section 2. The Legislature finds that it is a public
27 necessity that any portion of a meeting of the Mental Health and
28 Substance Abuse Disorder Services Commission at which exempt or
29 confidential and exempt information is discussed be made exempt
30 from s. 286.011, Florida Statutes, and s. 24(b), Article I of
31 the State Constitution. The purpose of the commission is to
32 investigate failures in the provision of mental health and
33 substance abuse services in this state and develop
34 recommendations for system improvements. In order to fulfill its
35 directive, the commission must be able to discuss exempt or
36 confidential and exempt information that it receives as part of
37 its investigation. The public meetings exemption will allow the
38 commission to review and discuss exempt or confidential and
39 exempt information that will be useful in forming meaningful
40 recommendations for system improvements for the provision of
41 mental health and substance abuse services. As such, it is a
42 necessity that those portions of meetings in which exempt or
43 confidential and exempt information is discussed be made exempt
44 from public meetings requirements. If such portions of the
45 meeting are not closed, the public records exemptions would be
46 negated. Therefore, the Legislature finds that the public
47 meeting exemption is a public necessity in order to ensure the
48 effective and efficient administration of the Mental Health and
49 Substance Abuse Disorder Services Commission.
50 Section 3. This act shall take effect on the same date that
51 SB ___ or similar legislation takes effect, if such legislation
52 is adopted in the same legislative session or an extension
53 thereof and becomes a law.